Read these terms carefully before using or accessing the “CEMEX.com” web site, or any materials contained in or linked to the web site. If you do not agree to these terms and conditions, you may not access or otherwise use this site or any part of this site. Your clicking on the button marked “I accept,” your continued use of the site, and/or your causing the use of this site through electronic or other means indicates your acknowledgement that you have read and accepted these terms and conditions. CEMEX reserves the right to update or revise these terms and conditions without notice to you; please check these terms and conditions periodically to review any changes. Your continued use of this site following the posting of any changes to these terms and conditions constitutes acceptance of those changes.
Welcome to the CEMEX Web site at http://www.cemex.com (the “CEMEX Site”) These Terms and Conditions of Use govern your use and access to the CEMEX Site, and constitute a binding contract (“Agreement”) by and between CEMEX, SA de CV, a Mexican corporation with its principal place of business at Av. Constitución 444 Pte., Colonia Centro, 64000 Monterrey, N.L. and you. Please read this Agreement carefully. By clicking on the I ACCEPT button below, by using this site and/or by causing the use of this site through electronic or other means, you signify that you accept this Agreement and that you:
You agree to abide by all applicable local, state, national and international laws, regulations, ordinances, by-laws and rules and are solely responsible for all acts or omissions that occur as a result of your use of or access to the CEMEX Site, including, without limitation, the content of your transmissions through or to the CEMEX Site. By way of example, and not as a limitation, you agree not to:
Proprietary rights to content
You acknowledge that content, including but not limited to text, data, software, music, sound, photographs, video, graphics or other material accessible to you by virtue of your use of the CEMEX Site is protected by copyrights, trademarks, service marks, patents, trade secrets, data rights, publicity or privacy rights or other intellectual property rights and laws. Unless you are expressly authorized to do so, you shall not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way content available through the CEMEX Site. You acknowledge that any information provided by or through CEMEX is for informational purposes only and is not intended to constitute professional advice.
Content provided by user
By posting or submitting content to the CEMEX Site you automatically grant to CEMEX the right to use, reproduce, display, perform, adapt, modify, distribute or promote the content in any form for any purpose. You further represent and warrant that you own or otherwise control all necessary rights to the content and that public posting and use of the content by CEMEX will not infringe or violate the rights of any third party. You acknowledge and agree that you are responsible for all content posted or submitted by you.
All trademarks, service marks and/or trade names that appear on the CEMEX Site that are not CEMEX marks are the trademarks of their owners. References to any names, marks, products or services of third parties do not constitute or imply endorsement, sponsorship or recommendation of the third party or the products or services.
Suspension or denial of access
CEMEX may, without notice, suspend, disconnect, deny or restrict your access to the CEMEX Site: (a) during any technical failure of, or modification or maintenance to, the CEMEX Site; (b) if you use the CEMEX Site in breach of this Agreement; or (c) if you do or fail to do anything which in CEMEX’s opinion may have the effect of jeopardizing the operation or integrity of the CEMEX Site.
Exclusion of warranties and limitation of liability
You hereby agree to indemnify, defend and hold CEMEX and all of its subsidiaries, affiliates, officers, directors, owners, agents, employees, information providers, partners, licensors and licensees (collectively “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties or covenants, including without limitation, attorneys fees and costs. You shall cooperate fully as reasonably required in the defense of any claim. CEMEX reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without written consent of CEMEX.
Governing law and forum
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of Mexico, notwithstanding its choice of law rules. The Parties agree that any legal action or proceeding relating to this Agreement shall be filed in and heard by, and venue shall be proper in, the courts of Mexico, and the Parties voluntarily submit to the jurisdiction of those courts for such purposes.
If a provision of this Agreement or a right or remedy under it is invalid or unenforceable in a particular jurisdiction: (a) it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and (b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right. Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver. A waiver is only effective in the specific instance and for the specific purpose for which it is given.
The rights and remedies of a party under this Agreement do not exclude any other right or remedy provided by law.
This Agreement is the entire agreement between you and CEMEX with respect to the subject matter hereof. Any understanding, arrangement, representation or provision not expressly set out herein is not binding. All correspondence, negotiations and other communications in relation to its subject matter that precede this Agreement are suspended by it and merged into it.
Online Privacy Statement (“Privacy Statement”).
CEMEX is committed to protecting our customers’ right to privacy. For the purposes of this Privacy Statement a “customer” (or “you”) is anyone ordering, registering or making use of a Website. This Privacy Statement does not apply to any companies that CEMEX does not wholly own or to people that CEMEX does not employ or manage.
Your Right to Privacy
Personal identifiable information is data that could identify a specific individual such as name, addresses, e-mail addresses, and telephone numbers (“PII”). Where a customer voluntarily chooses to supply CEMEX with its PII this data will be used exclusively for providing our customer with the information or service requested by him/her under the terms and conditions made available for him to consult prior to his/her disclosure of PII. Furthermore, CEMEX does not sell or otherwise release your PII to third parties for the purpose of allowing them to market their products and services to you.
Your Privacy Preferences
At CEMEX we promote a culture of transparency around privacy and believe that the more information you have about your privacy settings the better you will be able to control the PII you disclose. For further information about how to switch off cookies, visit www.aboutcookies.org. This link will take you to another website that is opened in a new window on your browser. CEMEX is not responsible for the content of the www.aboutcookies.org website.
Links to Non-CEMEX websites
Our Websites may contain links to other sites which are outside our control and are not covered by this Privacy Statement. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy statement, which may differ from ours. We encourage you to read the privacy statements on the other websites you visit.
Collection of PII
If during the customer’s visit to a Website, the customer orders products or services, enters a competition or submits other information to CEMEX, the customer may be providing CEMEX with PII.
CEMEX does not knowingly collect information from children. We encourage parents and guardians to take an active role in their children’s online and mobile activities and interests.
Sensitive Personal Data is information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or health or sexual orientation of an individual. Please do not submit any sensitive personal data to CEMEX. We are not interested in collecting, using, storing or otherwise processing this type of information.
Use of PII
CEMEX collects, exports, and uses PII to better serve its customers. Such collection is done with appropriate notice and consent along with required filing with data protection authorities, where required.
The Purpose of CEMEX’s Data Retention
PII is held for the lifetime that your subscription is kept active through their use. Your subscription helps CEMEX contact you effectively. CEMEX does not collect any additional information about you other than outlined above.
CEMEX may share its customer’s PII with other companies within the CEMEX Group, and/or third party suppliers that process data on our behalf.
Since CEMEX operates globally, this may mean that we could transfer our customer’s data to other countries, including countries outside the European Economic Area (EEA). In all circumstances, CEMEX will take steps to ensure that the required filing with data protection authorities are made thereby ensuring that your PII receives the same level of protection as within the EEA and that this data is kept secure and used only in accordance with our instructions and for the purposes we have indicated to you at the time of collection of the PII, where required.
CEMEX reserves the right to disclose our customer’s PII as required by law or when we believe that disclosure is necessary to protect our right and/or comply with a judicial proceeding, court order, request form a regulator or any other legal process served on us.
Safeguarding Your PII
CEMEX values the trust you place in us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, CEMEX uses reasonable and appropriate physical, technical, and administrative procedures to safeguard the information we collect and process.
Changes to this Privacy Statement
We keep our Privacy Statement under regular review and reserve the right to modify this Privacy Statement from time to time. We will place any updates on this Website.